Recently, the Bombay High Court dismissed a petition seeking action against former Maharashtra Governor Bhagat Singh Koshyari and BJP MP Sudhanshu Trivedi alleging their statements on Chhatrapati Shivaji Maharaj and other icons, saying their remarks prima facie do not constitute an offence under any criminal law.

The high court also said that the statements reflect the perception and opinion of the speaker about those figures with an aim to persuade the audience, and the intention appears to be to enlighten society for its betterment.

Case Brief:

Mr Koshyari, whose tenure was dogged by controversies caused by his utterances about Shivaji Maharaj, social reformers Mahatma Phule and his wife Savitribai and Marathi people, stepped down from the post of the governor last month.

He had faced flak for calling Shivaji Maharaj an "icon of olden times", while Trivedi had allegedly said that the founder of the Maratha empire had apologised to Mughal emperor Aurangzeb.

The division bench headed by Justices Sunil Shukre and Justice Abhay Waghwase dismissed a petition.

The petition was filed by Panvel resident Rama Katarnaware, who belongs to the Scheduled Caste (SC) community. In its petition, the petitioner claimed that the statements made by Koshyari and Trivedi who are non-SC or Scheduled Tribes (ST) members, at public speeches are disrespectful to these late political figures who were held in high esteem by members of society in general and members of the SC/ST communities in particular.

The petitioner referred to several objectionable statements made by Koshyari and Trivedi on Shivaji Maharaj, Mahatma Phule and Savitribai Phule and 'Marathi manoos'.

After a complete observation, the bench held-

"An in-depth consideration of the referred statements would tell us that they are in the nature of the analysis of history and the lessons to be learnt from history.